Legal Question in Real Estate Law in California
Landlord entry without prior notice.
My landlord recently entered my apartment without my prior knowledge or consent. The act was witnessed first hand by my neighbor. I called the landlord to complain and let him know that I knew he could not do this. He became irate, and told me that he could enter my unit "anytime he pleases". The reason for the entry was to replace a screen, so it was not an emergency. A few days after the telephopne confrontation, I received a 30 day notice. I've been in touch with with everyone from the Dept. of Consumer Affairs, to the local DA and no one seems to know what I can do. What recourse do I have? What damages can I sue for?
1 Answer from Attorneys
Re: Landlord entry without prior notice.
In reply to your inquiry, let me offer the following:
At first blush, this certainly sounds like a retaliatory eviction. You were right to call the landlord on entering without first giving you "reasonable notice" (24 hours) per Cal. Civil Code Sec 1954.
The key question on fighting the action, however, is whether or not you live in a city or county that has imposed restrictions on the landlord's right to simply terminate a tenancy by way of 30-day notice. Many municipalities, such as Los Angeles, have relatively strict rules on when and why a landlord can simply terminate a tenancy, e.g., when a family member is going to occupy the unit in question. I'd contact your local city or county government offices and find out if they have a rental control or rent stabilization office ( most likely they do), then contact that office and ask if they have regulations governing termination of tenancy by 30-day notice.
Feel free to get back to me if you have other questions or comments. You can e-mail me at [email protected].
Best of luck.
Tom Newton
Feel free to let me know if you have questions or
comments. Now, let me give the "de rigeur" caveat:
The foregoing information is provided as an
accommodation only, and does not constitute legal
advice or a legal opinion based on a comprehensive
review of all relevant facts and documents, nor can
provision of such information be construed as
creating an attorney-client relationship.